When parents separate or divorce in North Carolina, one of the most important—and emotional—questions is who will have custody of the children. Custody decisions affect where your child lives, who makes key life decisions, and how both parents remain involved in their upbringing.
To make these decisions, North Carolina law divides custody into two categories: legal custody and physical custody. Understanding the difference between them is essential for any parent going through a custody case.
At Martine Law, we help parents across North Carolina protect their rights and build custody plans that prioritize the well-being of their children.
You can learn more about custody laws under N.C. Gen. Stat. § 50-13.2 and through the North Carolina Judicial Branch Custody Resources.
Understanding Child Custody in North Carolina
In North Carolina, custody is determined based on the best interests of the child. Judges consider factors such as each parent’s relationship with the child, stability, ability to provide care, and overall home environment.
There’s no automatic preference for mothers or fathers. The court’s goal is to ensure that the child has a safe, nurturing, and stable upbringing—often through ongoing involvement from both parents whenever possible.
Custody can be divided into two distinct types: legal custody and physical custody. Parents may share both, or one parent may have primary authority depending on what the court finds is best for the child.
What Is Legal Custody?
Legal custody refers to the right to make major decisions about your child’s life, such as:
- Education (what school your child attends)
- Healthcare (medical treatment, vaccinations, therapy)
- Religion or spiritual upbringing
- Extracurricular activities and major life choices
Legal custody can be:
- Joint Legal Custody: Both parents share decision-making authority and must communicate about major issues.
- Sole Legal Custody: One parent has full authority to make decisions without needing the other parent’s agreement.
Joint Legal Custody in Practice
Joint legal custody works best when parents can communicate respectfully and cooperate despite their separation.
For example, both parents might jointly decide on:
- Whether to switch schools
- Which doctor to see for a chronic condition
- How to handle a mental health issue or therapy
If communication is consistently hostile or one parent refuses to participate in important decisions, the court may instead award sole legal custody to ensure decisions can be made promptly in the child’s best interest.
What Is Physical Custody?
Physical custody refers to where the child lives and spends their time on a regular basis.
Physical custody can also be divided into two main categories:
- Primary Physical Custody: The child lives mostly with one parent, and the other has visitation or parenting time.
- Joint (or Shared) Physical Custody: The child spends substantial time with both parents, often split close to evenly (for example, alternating weeks or weekdays/weekends).
Physical custody arrangements are detailed in a parenting plan or custody order that includes:
- Schedules for weekdays, weekends, and holidays
- Transportation arrangements
- Rules for communication between parents
- Provisions for vacations, schooling, and emergencies
Judges often prefer arrangements that allow the child to maintain strong, consistent relationships with both parents—so long as it supports the child’s emotional and physical well-being.
Can Parents Share Both Legal and Physical Custody?
Yes. Many North Carolina families use joint custody arrangements where parents share both legal and physical custody.
This approach requires cooperation and flexibility but allows both parents to remain actively involved in the child’s daily life and long-term development.
However, joint custody doesn’t always mean an exact 50/50 split of time. Courts focus more on the quality of time and stability than perfect mathematical equality.
For example:
- One parent may have the child during the school week for consistency, while the other has extended weekends and summers.
- Both parents share legal decision-making equally but may adjust physical custody based on work schedules or distance between homes.
When Courts Grant Sole Custody
Sometimes, shared custody is not in the child’s best interest. Courts may grant sole custody when one parent has a history of:
- Domestic violence or abuse
- Substance abuse issues
- Neglect or inability to provide a stable home
- Serious mental health problems that impair parenting
- Repeated interference with the other parent’s visitation rights
Even in these cases, courts often allow supervised visitation so the child can safely maintain some relationship with the non-custodial parent.
How Custody Decisions Are Made
When parents cannot agree on custody, the court will issue an order after considering all relevant factors. Key considerations include:
- The child’s age and emotional needs
- The home environment and stability of each parent
- The ability of each parent to care for the child
- Each parent’s past involvement in the child’s life
- The presence of domestic violence or substance use
- The child’s relationship with siblings and extended family
Judges are guided by the principle of the child’s best interest, not parental convenience or financial power.
Before trial, parents are often required to participate in mediation to try to reach a mutual agreement. If mediation fails, the judge makes the final determination.
How Custody Affects Child Support
Custody arrangements directly influence child support obligations. Typically:
- The parent with primary physical custody receives child support.
- If custody is shared more equally, support amounts may be adjusted based on each parent’s income and expenses.
However, even in joint custody, one parent may still pay support if there’s a significant income difference.
To learn more about child support calculations, see N.C. Child Support Guidelines.
Modifying Custody Orders
Custody orders are not always permanent. Either parent can request a modification if there’s been a substantial change in circumstances that affects the child’s welfare—for example:
- A parent relocates
- A new work schedule changes availability
- Evidence of neglect or abuse arises
- The child’s needs evolve with age
Courts will reassess based on the child’s best interests at the time of the request. At Martine Law, we help parents seek fair modifications or defend against unjustified ones.
How Martine Law Helps North Carolina Parents
Custody issues are deeply personal and often stressful, but you don’t have to face them alone. At Martine Law, our family law attorneys help parents:
- Understand their legal and physical custody options
- Negotiate parenting plans that work for both sides
- Represent them in mediation or court hearings
- Modify existing custody orders when circumstances change
- Protect their parental rights and ensure their child’s safety and stability
We approach every case with empathy, honesty, and clear communication—because your family deserves peace and security during a difficult time.
If you’re facing a custody dispute or need guidance on your rights as a parent, reach out today.
Contact Martine Law to schedule a confidential consultation with a North Carolina family law attorney.